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Case 1:20-cr-00330-AJN Document126 Filed 01/25/21 Page 5 of 13 impact. But the government would have avoided violating Ms. Maxwell’s Sixth Amendment right. Its failure to do so mandates dismissal of the indictment. STATEMENT OF FACTS A. Procedural History On June 29, 2020, the government filed a sealed indictment of Ms. Maxwell in the Manhattan Division of this Court. The government has conceded that Ms. Maxwell’s indictment was obtained using a grand jury seated in White Plains, apparently with jurors drawn exclusively from the White Plains Division. At no point, however, has the government alleged that Ms. Maxwell engaged in any unlawful conduct in the White Plains Division, or that any overt act in furtherance of the alleged conspiracies occurred in the White Plains Division. To the contrary, the only specific location within this District that is referenced in the indictment is Epstein’s residence on the Upper East Side of Manhattan, the location at which Ms. Maxwell allegedly intended for Minor Victim-1 to engage in unlawful sexual activity with Epstein. Sealed Indictment (“Indictment”), Dkt. No. 1 (filed Jun. 29, 2020), at 9] 6a, 11b, 17b. The indictment of Ms. Maxwell, and apparently others in the wake of the COVID-19 pandemic, was a deviation from the established practice of indicting defendants in the division where the offense is alleged to have occurred and where the case will be tried. As a result of the COVID-19 pandemic, the government apparently chose to stop using the Manhattan Master Wheel and to indict Ms. Maxwell using a White Plains grand jury. B. This District’s Jury Plan The Jury Selection and Service Act of 1968 mandates that each federal district court “devise and place into operation a written plan for random selection of grand and petit jurors.” 28 U.S.C. § 1863(a). This District’s current plan was adopted in 2009. See Amended Plan for the Random Selection of Grand and Petit Jurors in the United States District Court for the 2 DOJ-OGR-00002325